[HISTORY: Adopted by the Board of Trustees of the Village
of Malverne as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Fire Prevention Bureau — See Ch. 79.
[Adopted 12-4-1957 (Ch. 17 of the 1972 Code)]
Section 10-1008 of the Village Law is hereby amended to read
as follows:
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§ 10-1008. Incorporation of Fire Department.
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A.
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The members of the Norwood Hook and Ladder and Hose Company,
heretofore organized as a membership corporation and maintained in
pursuance of law, constitute a corporation by the name of the "Fire
Department of the Incorporated Village of Malverne, New York."
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B.
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The term "Fire Department of a Village," as used in this article,
refers to such corporation.
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Section 10-1010 of the Village Law is hereby amended in its
entirety to read as follows:
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§ 10-1010. Election of company and department
officers and delegates; qualifications; term of office.
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A.
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The members of the Fire Department of the Village shall hold
an annual meeting on the first Thursday after the first Tuesday in
April in each year. At such meeting the members shall elect by ballot
from their own number as officers of the Norwood Hook and Ladder and
Hose Company four Captains and four Lieutenants. They shall also elect
by ballot from their own number at such meeting the following officers
of the Fire Department of the Village:
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(1)
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Chief.
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(2)
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First Deputy Chief.
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(3)
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Second Deputy Chief.
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(4)
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Eight Wardens, one of whom shall be designated a Warden Secretary
and another a Warden Treasurer.
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(5)
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One Financial Secretary.
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(6)
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One Corresponding Secretary.
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(7)
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One Sergeant-at-Arms.
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(8)
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Three delegates to the Fourth Battalion District of the Nassau
County Fire Commission.
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B.
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Immediately following such elections, the person acting as Secretary
of the annual meeting shall certify the results of the election in
writing to the Board of Trustees.
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C.
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No member shall be elected to any such office unless at the
time of such election he is a member in good standing of the Fire
Department, an elector of the Village (except that neither the Corresponding
Secretary, the Sergeant-at-Arms nor any Company officer need be an
elector) and fulfills such further qualifications as may be imposed
by the bylaws of the Company and the Fire Department of the Village.
No member elected to any such office shall be entitled to office nor
assume his duties until his election has been approved and confirmed
by the Board of Trustees. Before commencing his duties, each member
so elected, approved and confirmed shall take the oath of office,
to be administered by the Mayor or other member of the Board of Trustees
designated by the Mayor.
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D.
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The term of office of each member so elected shall commence
on the date of confirmation of his election by the Board of Trustees
and shall continue for a term of one year or until his successor is
elected to office and confirmed. Any officer may serve any number
of terms. Any vacancies occurring for any such office shall be filled
by the Council of the Fire Department of the Village for the unexpired
portion of the term, subject to confirmation and approval by the Board
of Trustees.
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Section 10-1012 of the Village Law is hereby amended in its
entirety to read as follows:
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§ 10-1012. Bylaws.
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The Council of the Fire Department of the Village shall promulgate
bylaws governing generally the operations and affairs of the Fire
Department of the Village, the duties of its officers and of the officers
of the Company and their qualifications and the conduct of the members
of the Fire Department of the Village. Such bylaws shall not become
effective until approved by a majority of the members of the Fire
Department of the Village at a regular or special meeting of the members
and until ratified and approved by the Board of Trustees. The Council
shall have the power to amend such bylaws, but no such amendment shall
become effective until approved by the members and certified and approved
by the Board of Trustees in like manner as the original bylaws. Such
bylaws may be modified, amended, repealed, revoked in whole or in
part or suspended in whole or in part, at any time, and from time
to time, by the Board of Trustees. Action of the Board of Trustees
in promulgating, modifying, amending, repealing, revoking or suspending
the bylaws of the Fire Department of the Village shall become effective
without any vote or other action of the members of the Fire Department
of the Village or of the Council.
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A.
The first sentence of § 10-1014 of the Village Law is hereby
amended to read as follows: "The Chief, First Deputy Chief, Second
Deputy Chief and the eight Wardens shall constitute the Council of
the Fire Department of the Village."
B.
The last sentence of § 10-1014 of the Village Law is amended
to read as follows: "A majority of the members of such Council shall
constitute a quorum and may, subject to the provisions of § 10-1012
hereof, make and prescribe bylaws for the proper management of the
affairs and the disposition of the funds of the Fire Department, may
call meetings of the members and designate one or more days in each
year for public exercise, inspection and review."
Section 10-1016 of the Village Law is hereby amended by substituting
"Chief" for the word "secretary" where the same appears in said section.
Wherever "Chief Engineer," "First Assistant Engineer," "Second
Assistant Engineer," "Third Assistant Engineer" or "Fourth Assistant
Engineer" appear in Article 10 of the Village Law, they shall be deemed
to mean "Chief," "First Deputy Chief," "Second Deputy Chief," "Third
Deputy Chief" and "Fourth Deputy Chief," respectively.
In addition to the duties imposed upon them by § 10-1018
of the Village Law, the Chief, First Deputy Chief and Second Deputy
Chief of the Fire Department of the Village shall be responsible for
the performance of all duties imposed upon them by the bylaws of the
Fire Department.
The type of service award program shall be a defined benefit
program as described in § 219 of the General Municipal Law.
A.
The estimated annual cost of the service award program shall be $75,000
in the first year, $60,000 in the second to 20th year thereafter,
including an annual administration fee of $640. The initial annual
contribution to fund this program is estimated to be $75,000, and
the estimated annual cost thereafter per participant will vary from
$1,400 for a sixty-five-year-old participant to $330 for a twenty-one-year-old
participant.
B.
The defined benefit award to be paid to eligible volunteer fire fighters
shall be $20 per month for each qualified year of active fire-fighting
service not to exceed 30 years, payment to commence when the eligible
volunteer fire fighter reaches age 65 but not sooner than one year
after adoption of the plan. The maximum benefit shall be $600 per
month after 30 years of service; the minimum benefit shall be $100
per month. Payment of the award shall be in the form of the life annuity
with ten-year certain payment or its actuarial equivalent.
C.
The service award program will provide for the crediting of years
of active fire-fighting service for periods prior to the establishment
of such program to a maximum of five years per participant. To qualify
for past service a person must meet the "Rule of 50," whereby the
total of age and years of service must be 50 or greater after completing
one year of eligible fire-fighting service.
D.
In the event that an active volunteer fire fighter becomes disabled
and such disability prevents the active fire fighter from pursuing
such volunteer's normal occupation and if the disability is total
and permanent as certified by the Workmen's Compensation Board
or other authority approved by the Village Board of Trustees, the
volunteer fire fighter will be entitled to receive his/her accrued
benefits described in this section regardless of age or length of
service.
E.
In order to qualify for a year of fire-fighting service, the fire
fighter must satisfy the minimum requirements of participation of
earning 50 points in such year, such points to be awarded pursuant
to § 217, Subdivision (c), of the General Municipal Law.
